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Immigrant and Multicultural Services Society Many Cultures…One People Family Sponsorship & Sponsorship Breakdown.

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Presentation on theme: "Immigrant and Multicultural Services Society Many Cultures…One People Family Sponsorship & Sponsorship Breakdown."— Presentation transcript:

1 Immigrant and Multicultural Services Society Many Cultures…One People Family Sponsorship & Sponsorship Breakdown

2 AGENDA Part I – Family Sponsorship Part II – Sponsorship Breakdown

3 Part I – Family Sponsorship

4 FAMILY SPONSORSHIP Citizenship and Immigration Canada (CIC) knows it is important to help families who come from other countries to reunite in Canada. If you are a Canadian citizen or a permanent resident of Canada, you can sponsor your spouse, common-law partner, conjugal partner, dependent child (including adopted child) or other eligible relative (such as a parent or grandparent) to become a permanent resident.

5 If you sponsor a relative to come to Canada as a permanent resident, you are responsible for supporting your relative financially when he or she arrives. you must sign a sponsorship agreement and undertaking promising to provide financial support for your family basic requirements and those of their family members. you must have an income that is at least equal to the minimum necessary income (LICO). This condition does not apply if you are sponsoring your spouse or your dependent child. 2015 LICO Handout

6 Who can sponsor ? be 18 years of age or older, be a Canadian citizen or permanent resident, be sponsoring a member of the Spouse or Common‑law Partner in Canada Class,live in Canada and continue to live in Canada after the sponsored person obtains permanent resident status, sign an agreement with your spouse or common‑law partner confirming that each of you understands your obligations and responsibilities, sign an undertaking promising to provide for your spouse or common‑law partner’s basic requirements and, if applicable, those of his or her dependent children, prove that you have sufficient income to provide basic requirements for your spouse or common‑law partner’s dependent children. To do this, you must provide documents showing your financial resources for the past 12 months. This requirement applies only when dependent children who have dependent children of their own are included on the application.

7 your spouse, your conjugal or common-law partner, your dependent child (this includes an adopted child) or other eligible relatives. Who can be sponsored ?

8 Sponsoring a Spouse and Dependent Children An application for Family Class sponsorship can be made if your spouse and dependent children live inside or outside Canada. The application process involves two steps: 1.If you are a citizen or permanent resident of Canada, you must apply and qualify as a sponsor ; 2. Your spouse and dependent children must then apply for permanent residence.

9 If the application for permanent residence is accepted, an entry visa will be issue to your spouse and dependent children. Once in Canada, your spouse and children will receive their permanent resident status. They will then have the right to live, study and work in Canada. Your spouse and children will be entitled to most social benefits accorded to Canadian citizens and you will also have the same legal obligations as citizens, such as paying taxes and respecting other laws.

10 Your spouse or common ‑ law partner Length of undertaking 3 years from the day spouse or common-law partner becomes a permanent resident. Dependent child over 19 years of age Your dependent child or the dependent child of your spouse or common ‑ law partner and is over 19 years of age on the day he or she becomes a permanent resident. Length of undertaking 3 years from the day dependent child becomes a permanent resident. Dependent child under 19 years of age Your dependent child or the dependent child of your spouse or common ‑ law partner and is under 19 years of age on the day he or she becomes a permanent resident. Length of undertaking 10 years from the day dependent child becomes a permanent resident, or until the child reaches 22 years of age, whichever comes first. Length of undertaking

11 Processing Fee Number of persons Amount per personAmount Due Principal applicant1x $550$550 Dependent child aged under 19, unmarried and not in a common-law relationship x $150 Dependent child aged 19 or older who has been unable to be financially self-supporting since before the age of 19 due to a physical or mental condition x $150 Total Payment: Right of Permanent Residence Fee Number of personsAmount per personAmount Due Principal applicant1x $490$490 Total Payment: Fees

12 A foreign national cannot become a permanent resident in Canada if he or she is inadmissible for reasons other than lack of legal immigration status in Canada. A temporary resident permit (TRP) holder is inadmissible unless the circumstances that lead to the issuance of the TRP are resolved. The person being sponsored must resolve the circumstances that resulted in the inadmissibility before submitting an application for permanent residence. Refer to the guide for temporary resident permit holders: Applying to Remain in Canada as a Temporary Resident Permit Holder (IMM 5554). Things to remember

13 The family class is aimed at faster processing of spouse or common ‑ law partner applications from applicants outside Canada. The person being sponsored can apply to a visa office outside Canada to take advantage of the family class processing standard. Processing times for applications processed in Canada are posted on our Web site. Processing times may be longer if the principal applicant has dependent family members outside Canada that are included in the application for permanent residence. The person being sponsored will not be granted permanent residence until family members have been examined and have passed medical, background and security requirements. Dependent children include children in the custody of a former spouse or common ‑ law partner.

14 The person being sponsored should resolve any child custody disputes before submitting an application. Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker. The person being sponsored has no guarantee that he or she will be permitted to return or re ‑ enter Canada if he or she leaves before permanent residence is approved. This is especially true if a Temporary Resident Visa is required to enter Canada. Applications in this category cannot be transferred to immigration offices outside Canada. The person being sponsored will have to submit a new application to the Case Processing Centre in Mississauga (CPC ‑ M) if he or she cannot return to Canada

15 As of October 25, 2012, CIC introduced amendments to the Immigration and Refugee Protection Regulations. The amendments specify that spouses, common-law or conjugal partners who are in a relationship with their sponsor for two years or less and have no children in common with their sponsor at the time of the sponsorship application are subject to a period of conditional permanent residence. The condition requires the sponsored spouse or partner to cohabit in a conjugal relationship with their sponsor for a period of two years after the day on which they became a permanent resident. The conditional measure only applies to permanent residents whose applications are received on October 25, 2012, or after the day that the amendments come into force. Information on Conditional Permanent Residence

16 http://www.cic.gc.ca/english/immigrate/sponsor/index.asp More Information CIC Website: Family Sponsorship

17 Part II – Sponsorship Breakdown

18 Sponsorship Breakdown A person has the right to leave someone who is hurting, scaring or abusing them (even if that person is their sponsor) A person has the right to end a violent relationship. If your husband abuses you, you do not have to stay with him. If you are a permanent resident, separating from your husband will not change your status in Canada.

19 Your immigration Status will not be affected. The social, economic, political, labour, educational, medical, housing rights and benefits to which you are entitled will not be affected. If in financial need a sponsored person has the right to apply for social assistance. You have the right to take your children with you if you leave your husband. Your sponsor cannot take or keep your identification papers.

20 If you are in the process of applying to be a landed immigrant (if you are not YET a permanent resident) and you leave a husband who is your sponsor, this could cause CIC to reject your application. If you are not a landed immigrant and you separate from your husband, applying for welfare could affect your immigration application. If your husband tells Immigration he won’t be your sponsor, you can still apply to stay in Canada for “humanitarian and compassionate” reasons.

21 Electronic versions are available at MOSAIC website: http://www.multilingolegal.ca/legal-publication/sponsorship-breakdown-english

22 NEW REGULATIONS

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